Hassan Mujamma Rabai Said
| place_of_birth = Oum el Bouaghi, Algeria | date_of_death = | place_of_death = | detained_at = Guantanamo | id_number = 175 | group = | alias = Ghallab Bashir, Ghalaab Bashir | charge = No charge | penalty = | status = Repatriated | occupation = | spouse = | parents = | children = }} Hassan Mujamma Rabai Said is a citizen of Algeria, best known for the more than seven years he spent in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 175. Joint Task Force Guantanamo counter-terrorism analysts report he was born on , in Oum el Bouaghi, Algeria. Joint Task Force Guantanamo counter-terrorism analysts report he admitted hiding his real name from interrogators for until June 2004. He was accused of being a bodyguard for Osama Bin Laden but persistently refuted this and all the other allegations. He has never been charged with any crime during his more than seven years imprisonment in Guantanamo. He was repatriated to Algeria in January 2009. Combatant Status Review Tribunal Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to detainees from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether detainees are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the detainees were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the detainee had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Ghalaab Bashir's Combatant Status Review Tribunal, on 20 September 2004. The memo listed the following allegations against him: Transcript There is no record that Hassan Mujamma Rabai Said participated in his Tribunal. Administrative Review Board hearings | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006 | accessdate=2007-10-10 |archiveurl=http://commons.wikimedia.org/wiki/File:TheWire-v6-i049-10MAR2006.pdf |archivedate=2009-08-26}}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Ghalaab Bashir's first annual Administrative Review Board, on 5 April 2005. The memo listed factors for and against his continued detention. The factors for and against continuing to detain Bashir were among 121 that the Department of Defense released on March 3, 2006. The following primary factors favor continued detention The following primary factors favor release or transfer Transcript The Department of Defense released a two page transcript from Hassan Mujamma Rabai Said's first annual Review Board. His Assisting Military Officer confirmed he had met with detainee 175, and that an interpreter had read the Summary of Evidence memo to him. Second annual Administrative Review Board A Summary of Evidence memo was prepared for Hassan Mujamma Rabai Said's second annual Administrative Review Board, on 19 March 2006. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Writ of habeas corpus Hassan Mujamma Rabai Said had a writ of habeas corpus, Civil Action No. 08-CV-1104, filed on his behalf. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo detainees were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On 12 June 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo detainees to access the US Federal Court system. And all previous Guantanamo detainees' habeas petitions were eligible to be re-instated. The judges considering the detainees' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Factual return On December 30, 2008 United States Department of Justice official Daniel M. Barish informed the court that the DoJ had filed "factual returns" in seven habeas cases, including Hassan Mujamma Rabai Said's. Repatriation Six detainees were repatriated in late January 2009, an Afghan detainee named Bismullah, and, according to the New York Times, Hassan Mujamma Rabai Said, and four Iraqi detainees: Hassan Abdul Said, Ali Al Tayeea, Abbas Al-Naely, and Arkan Al-Karim. References External links * Refuting Cheney’s Lies: The Stories of Six Prisoners Released from Guantánamo Andy Worthington Category:Living people Category:Alleged bodyguards of Osama bin Laden Category:Algerian extrajudicial prisoners of the United States Category:Guantanamo detainees known to have been released Category:1976 births